The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 29, 2004, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, a summary order of KRW 2 million to a fine of violating the Road Traffic Act (driving on August 20, 2010), and a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 2 million on April 28, 2014, respectively.

【Criminal Facts】

On October 9, 2018, around 04:02, the Defendant driven a motor vehicle under the influence of alcohol on the front road of Seocho-gu Seoul Metropolitan Government, with approximately 17.4 km alcohol concentration of about 0.248% in the front road of Jongno-gu Seoul Metropolitan Government, and driven a motor vehicle under the influence of alcohol by a person who has violated Article 44(1) of the Road Traffic Act twice or more.

Summary of Evidence

1. Statement by the defendant in court (the first protocol of trial);

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (application of the Tramark Official Form);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (incompetence);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;